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year or not. But, at present, the Com- | an instance where that had been done. mittee was in a state of complete mysti- It might often suit the financial arrangefication; and unless the right hon. and ments of the War Office to do that; for learned Gentleman would condescend to if a purchasing officer were tried, they explain what were his duties, they could might set aside the verdict, and so cononly assume that he was in a state of fiscate his money. He should take a mystification himself regarding them. Division, unless a satisfactory reply were given.

SIR WILLIAM HARCOURT observed, that he had taken no part in that debate, because it seemed to him a great many of the questions raised might more properly be discussed in Committee on the Army Discipline and Regulation Bill. They could not, in Committee of Supply, alter the functions of the Judge Advocate General. He was not at all pre

thing, in many respects, to alter the Office, as he understood the Judge Advocate General was not really a Judge at all; but he was an assessor to the military authorities, advising them upon the legality of any transactions which might have taken place at courts martial. Of course, that decision was not binding, any more than a decision of any assessor would be binding. The Judge Advocate General stood to the War Office, in fact, exactly in the same position that the Law Officers of the Crown did to Her Majesty's Government. They were generally guided by their opinion, and they would incur a very great responsibility if they departed from that advice; yet, if they chose, they were at liberty to do so. In the same way, the military authorities were at liberty to pass over the advice of the Judge Ad

MR. CAVENDISH BENTINCK thought that the hon. Member who had spoken last (Mr. Callan) could not have been in his place during the whole of the discussion, or he would have heard the explanation that he had asked for, given at least three or four times, to the Committee. The principal duties of the Office which he had the honour to hold were to act as a Court of Review over all the district and general courts mar-pared to say that it would not be a good tial that were held elsewhere than in India; and he had, besides, to advise Her Majesty as to the confirmation of the findings of all general courts martial held on officers or soldiers. These were responsible duties in the highest degree. He had also to advise upon the construction of the Mutiny Act as far as related to criminal matters. The jurisdiction in matters arising out of the Mutiny Act not criminal belonged to the authorities at the War Office. It was also his duty to peruse the proceedings of every general and district court martial which came before him. In that work he was assisted by a deputy, who was a civilian, and by three other able officers. Two of those were not appointed by himself. One of them distinguished himself greatly by his knowledge of the subject before the Committee last year; and the third, and last ap-vocate General. He did think at one pointed, was not only a Colonel in the Army, but he was also a barrister. That was, surely, a good guarantee that the duties of this Office were properly discharged. The hon. Member for Meath (Mr. Parnell) had remarked that he gained his Office as a reward for obstruction, and he could only reply that when the hon. Member could say that he had obtained an Office of that quality, as a reward for his Parliamentary services, he should be very glad to see the day.

time that the law should be altered, and that the decision of the Judge Advocate General should be binding; but he withdrew that opinion, in consequence of the argument, which he thought an admirable one, that to do so would be to destroy the responsibility of the military authorities. At present, if they took any course which was unjustifiable, the House could call them to account; but if they could shelter themselves behind the decision of the Judge Advocate General, and could say they MAJOR O'BEIRNE pointed out had no power to over-rule his decision, that while the right hon. and gallant then the highest military authorities Gentleman opposite (Colonel Stanley) would be able to impose this authority had said that the Commander-in-Chief of the Judge Advocate General between never overruled the decision of the themselves and the country. With reJudge Advocate General, the hon. Mem-gard to the Vote, he had not heard anyber for Burnley (Mr. Rylands) had given body suggest that the duties of the Office

were not discharged well and thoroughly. The right hon. and learned Gentleman had advised the military authorities for some years, and they had never heard that his advice was not sound and right. Therefore, under such circumstances, he thought it would be far more convenient to discuss these suggestions for alterations in Committee on the Army Discipline and Regulation Bill, and to proceed with their work so far as this Vote was concerned.

MR. SULLIVAN considered that this was the first time that they had heard any real explanation of the duties of the Office; and it was sufficient, in his opinion, to justify his hon. and gallant Friend (Major O'Beirne) in not taking a Division.

MR. PARNELL wished to bring one or two small points under the attention of the Secretary of State for War. Under sub-head B, the payment of acting Judge Advocate in the Colonies last year was only £20, this year the amount was £50. Then, again, the Colonial charges were £130; while this year they were only £100. This appeared to him to indicate some looseness in drawing the Estimates.

COLONEL STANLEY explained that in dealing with many portions of the Estimates, when the amounts fluctuated, they had to be guided by the experience of the past, and that was the explanation of the difference in this case.

MR. PARNELL pointed out that the rewards for the apprehension of deserters had risen very fast even com

MAJOR O'BEIRNE desired to withdraw his opposition, now that the pro-pared with last year. There was an per explanation had been given them of the duties of the Office, although he had had to wait a very considerable time for the explanation.

SIR ALEXANDER GORDON said, the Committee had received an explanation which he could assure them was not correct. The hon. and learned Member for Oxford (Sir William Harcourt) was under the impression that the Judge Advocate General was only the adviser of the military authorities, and that they could take his advice or not as they thought proper. That was a mistake. The Judge Advocate General was responsible for the legal part of all general courts martial. He took the Sovereign's pleasure himself upon that point, and if he advised the Sovereign that a court martial was illegal, the military authorities could take no action. He was not simply the legal authority of the military authorities; but he was the Legal Adviser of the Sovereign, and in direct personal communication with her.

MR. CALLAN thought they were worse off than ever, for they had had a lengthy explanation from most of the ablest lawyers in the House, and then they were assured by one of the most experienced military Members of the Committee that that explanation was not correct. All he could say was that if the Judge Advocate General was merely a legal assessor, it was the dearest Office to the country, and the best paid one in Her Majesty's Service.

Motion, by leave, withdrawn.

Sir William Harcourt

increase of 25 per cent, while there had also been a steady increase in the amounts for the last five or six years, and, in fact, ever since Mr. Cardwell's Government. In 1875-6 the amount was £1,800; in 1876-7 it was £2,000, in 1878-9 it was £3,000, and this year it was £4,000. He was afraid this indicated collusion in certain cases between the people who got the rewards and the deserters. The amount given was very large. They might have men committing desertion in order to obtain the reward.

MAJOR NOLAN did not believe that there was any collusion, as had been suggested; but still this item ought to be very carefully watched. He believed the police very often apprehended soldiers who were not deserters, but were simply absent without leave, in order to get the reward of a pound. Very often a man overstays his leave and deserved punishment; but would yet come back if he were not apprehended. But it was not merely a case of a reward to the police, for an expensive escort had to be sent to fetch the man, and they had besides, the trouble and expense of his trial.

COLONEL ALEXANDER also thought the item should be very carefully watched. A short time ago, when private soldiers were allowed to apprehend deserters, men used to agree to divide the reward, and the thing at last become so apparent that an Order was issued forbidding private soldiers to receive it. Now, a magistrate had to cer

tify that the policeman in question was entitled to the reward, and that had to be countersigned by the commanding officer of the batalion.

COLONEL STANLEY quite agreed that this item required very carefully watching. Last year, the amount was exceptionally high, because there were an unusual number of enlistments, and he was sorry to say the ratio of desertion followed that of enlistment. He knew that in the past there was certainly some ground for suspecting collusion; but he did not believe it existed at all now. He hoped next year they would find a falling off in this item.

Original Question put, and agreed to.

(3.) Motion made, and Question proposed,

"That a sum, not exceeding £266,200, be granted to Her Majesty, to defray the Charge for Medical Establishments and Services, which will come in course of payment during the year ending on the 31st day of March 1880."

LORD ELCHO said, there were two points connected with the Vote to which he wished to call attention. One, with reference to the health of our troops in India; and the other, as to the provision made for the sick and wounded in South Africa. His attention had been drawn to the first subject by Lieutenant General Lord Mark Kerr, who thought it was not conducive to the health of the troops that the same hours for meals should be kept in India as in England. At present they got their dinners in the middle of the day, and the result was that the troops suffered a good deal, and there was great loss of life. Lord Mark Kerr said that when he altered the hours of meals, he found the men much better in health than under the old system. This, however, being a new practice, objections were raised, and he was ordered to discontinue it. He brought the matter before the authorities in England, and a Correspondence ensued on the subject, which His Royal Highness the Duke of Cambridge marked as a matter of grave moment. He (Lord Elcho) was anxious to get copies of this Correspondence, for the matter seriously affected our troops; but there was great difficulty in doing so. There was no record of this Correspondence at the War Office, although marked as of grave importance by the Commanderin-Chief. It had been sent out to India, it was said, nine months ago; but now

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that the attention of the right hon. and gallant Gentleman the Secretary of State for War had been drawn to this matter, he hoped he would take care that the question was not allowed to drop. He hoped, also, that the right hon. and gallant Gentleman would see if it was right that the change should be made. As to the second point, rightly or wrongly, an impression appeared to prevail that, so far as the Government was concerned, sufficient provision had not been made for the sick and wounded in South Africa. It was believed that the provision was inadequate, and that the supply of doctors and of medical stores was insufficient, and that nurses were wanted. If that was the case, it was a very serious question, and told very badly for the administration of the War Office. It was incredible, after the sums of money that had been voted, that our soldiers should be in the state described. Committecs had been formed by ladies and gentlemen, at the head of which were persons of both sexes, who had shown on many occasions their zeal and kindly feeling; among them being Lady Burdett Coutts and the Duke of Sutherland, who were exerting themselves in the matter to do what ought to have been done by the Government. At the church which he attended, the day before, the preacher asked them to subscribe double, not only for the hospitals, but also to enable him to send aid for the benefit of our sick and wounded soldiers in South Africa. It was discreditable to the Government, and to all concerned, if they were in such a state, that, at the commencement of a war with a small nation of savages, these committees should be required, and that there should be these collections for their soldiers in their churches. Such a thing should not be necessary, and it did not reflect credit upon the Government for their administration. He was inclined to believe, however, that they were ill-informed, and that stores did abound. He had seen a statement, as he supposed, in the nature of a communiqué, which stated that not only were the stores fully sufficient, but that the amusement and comforts of the soldiers had been attended to. Of course, everyone would be willing to give subscriptions, if needed; but if they were not necessary, they would only look foolish in the eyes of Europe, if they were thus to ask for private aid,

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DR. LUSH hoped that the right hon. | cient, but that the men had ample time and gallant Gentleman, in view of the to perform their military duties. difficulty of providing properly-qualified COLONEL STANLEY said, he did not medical officers for the Army, would understand that the noble Lord intended carefully consider the whole subject. to advise this change, but only to ask Even at the present time, when we were for the Correspondence on the matter engaged in a war of considerable dimen- between the authorities at home and in sions, the number of surgeons who joined India, and to request that he should the Army in the year was absolutely less endeavour to hasten the printing and than it was last year; while, at the same publication of the Correspondence on the time, the increase in the allowances had subject. He had already verbally asgone up from £11,000 to £19,000. He sured his noble Friend that he would do could only suppose that that arose from so. The Correspondence, a short time calling in the aid of civilians. It seemed ago, was sent to India for certain obserto him that this was the proper time to vations, and he would have inquiries press upon the right hon. and gallant made about it. Then he was asked, Gentleman that he should consider the with great justice, as to the provision for position of the medical officers in the the sick at the Cape. All he could say Army, in order to induce a more free was that though, undoubtedly, there enlistment. He was well aware that was a certain amount of sickness, for the there was a strong indisposition to climate there, itself, was very bad-the enter Her Majesty's Service, and he heat during the day being great, and earnestly trusted the right hon. and the cold by night great, which gallant Gentleman would do his best to always followed by a certain amount of provide properly-educated men for the climatic fever-still, from all he could. Service. hear, that fever was by no means severe, and, from the last Report, the percentage of sick was something approaching 5.76, which would be low even for this country. He gave the figures, however, with great caution, because they had to be corrected. But the inference to be drawn from them certainly was that the amount of sickness was by no means excessive. With regard to the wounded, there were, comparatively speaking, but a small number of them, and for various reasons there would most likely be a large number brought to the station hospitals. He was informed, however, that the hospital accommodation was far in excess of anything contemplated short of two or three general actions of very large dimensions. With regard to want of medical comforts, so far from that being the case, he was able to say, having a very large correspondence, both public and private, with officers at various parts of the field, that in only one case had he heard of any deficiency named, and that was one which would be remedied. On the Lower Tugela an extra allowance of quinine had been given out, and an apprehension existed that the supplies would run short, in consequence. The last Report he had received, however, stated that the hospitals were fully equipped, and expressly made no demand whatever for any further medical comforts, or for any addition to the

MR. ONSLOW begged to state that he was nine months with a British regiment in Calcutta, and he never once heard either an officer or non-commissioned officer express a wish that the time of the meals should be changed. If they were altered to the evening instead of the middle of the day, how was it possible for the British soldier to get any exercise? Parades, after a late meal, were utterly impossible, and anybody who had any experience of India must know that it would be highly injurious for the British soldier to take violent exercise so soon after the dinner hour. It must be recollected that in the hot season, the evening was the only time during which out-door amusements could be prosecuted. He hoped his right hon. and gallant Friend would not accept the suggestion of the noble Lord, which he believed would be very detrimental to the Army in India.

LORD ELCHO replied, that the hon. Member had spoken on a matter of which he could have no knowledge as there had apparently been no trial of the change of system in the regiment to which he had referred. His (Lord Elcho's) statement rested on the experience of a General Officer who did make a change, and found, as a result, not only that the sick list greatly diminished, and that the regiments were more effi

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Staff. That must be received as evidence | were taken to send out supplies by the of very considerable weight, and he saw mail boats, as fast as was possible. no reason to apprehend that the hospital would be of interest to the Committee arrangements would be found insuffi- that they should know exactly the numcient for the requirements of the Ser- ber of men on the spot. At the present vice. He hoped the Committee would moment, in the Medical Department allow him to point out in how very dif- proper, there were 58 officers at the ficult and delicate a position he was Cape, 7 on the passage, and 13 under placed. On the one hand, no demands orders. Of the Naval Medical Departhad been made for further aid; and, on ment-present, 4; on passage, 2. Sethe other hand, he was extremely averse veral surgeons, exclusive of those emto stand forward, either officially or other- ployed locally-38 present and 2 on wise, between a very natural, kind-hearted passage. Army Hospital Corps, 8 preand spontaneous desire in the country sent and 1 on passage. Non-commisto render aid. Nobody, of course, was sioned officers, 275 present and 108 on so well off but that they could afford to passage. He might add that within the be better off; and, no doubt, from this last few days, though no demand had feeling, people were anxious to do all that been made upon him, he had thought lay in their power, in the hope of giving it advisable to place under orders 1 lady some assistance and of rendering some re- superintendent and 6 nurses attached to lief, although there was no positive want. the hospital at home, which was in adHis hon. and gallant Friend near him dition to any medical aid afforded by (Colonel Loyd Lindsay), the Chairman private enterprize in the Cape. He beof the National Aid Society, had been lieved that no Army in the field had good enough to inform him that he had ever had its medical wants so far met sent out a credit of a considerable amount in proportion to its strength; and he felt to an officer of experience, who was one sure the Committee would have confiof the Commissariat in Africa, and had dence that if any further medical deexerted himself in similar ways in other mands were made they would be met countries; that that officer had drawn to the best of their power. With regard upon the fund to a very small amount to the Medical Department, he was indeed; and the purposes for which he sorry to say that, even at this period of had drawn upon it had been to provide the year, he was not able to speak with comforts which some people would call entire certainty. These matters of reluxurious, such as tobacco, and things vising the conditions of service were of that sort, for the men. That all always matters of considerable delay; seemed to him to point to the fact that, but, speaking generally, he might say at the present time, the medical wants that, provided he could obtain the assent were fairly supplied, and even more than of his right hon. Friend the Chancellor fairly supplied. He could not say that of the Exchequer, and of his hon. Friend at some particular places on the line of the Financial Secretary to the Treasury, march, or out of it, that there were not it was his intention, as far as possible, some cases of need. They did not ex- to carry out the recommendations made pect to find a whole chemist's shop in the by the Committee appointed by his PreHighlands. The difficulty had simply, decessor, as to the pay and the status of therefore, been one of transport; and, the medical officers. It was, for obvious as far as he could understand, wherever reasons, not very expedient to deal with it was possible hospitals had been es- details at that moment; and he did not tablished and medical comforts had been apprehend that it was entirely a matter provided, which had proved fully suffi- upon which it would be wise to lay down cient. If he were aware of anything to abstract principles. But there was one the contrary, by accident or otherwise, point which had given him and those it would be his duty at once to make it who acted with him, and for whose asknown to the House. At the present sistance he was deeply obliged, very contime, however, he believed that that was siderable difficulty. That was a recomnot at all so. Although a considerable mendation which he feared had given quantity of stores went down in the rise to a good deal of misapprehension steamship Clyde, and were lost, yet im--that certain medical bodies should mediately that was known in this country, have the power of nominating candiand without waiting for transport, steps dates for the medical service. VOL. CCXLVI. [THIRD SERIES.]

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